March 14, (THEWILL) – The Supreme Court has upheld the order of the Kogi Governorship Election Petition Tribunal, sitting in Abuja, which granted Murtala Ajaka, candidate of the Social Democratic Party (SDP), permission to inspect election materials used in the November 2023 gubernatorial election, in Kogi State.
Earlier, the apex court stayed execution of an order of the Court of Appeal, in Abuja, setting aside the rights of inspection granted Ajaka by the Election Tribunal.
Among other reliefs, the Tribunal had in November 2023, granted an ex parte order, allowing the SDP and Ajaka, to carry out a forensic examination of all the Bimodal Voters Accreditation system (BVAS), used in the election.
But a three-man panel of justices of the Court of Appeal, led by Justice J.O.K. Oyewole, in its ruling, on March 1, 2024, set aside the inspection order.
Ruling on an appeal filed by Ajaka, the apex court on Thursday, dismissed the decision of the Court of Appeal and upheld the decision of the trial court.
“Our position is that the Court of Appeal was wrong to have reversed the decision of the trial court that the motion seeking to set aside the decision of the trial Tribunal was incompetent.
“We do not agree with the Court of Appeal. The motion was filed out of time. Secondly, the order of the trial court was within the scope of section 146 of the Electoral Act. In light of the foregoing, this appeal is allowed, and the cross-appeal dismissed with no costs”, Justice Emmanuel Akomoye Agim, held.
